Insurance Coverage​​​

We know insurance. We daily represent clients with respect to their coverage matters and risk management, ranging from coverage opinions and analyses to all types of coverage litigation. We’ve tried coverage cases to judges, juries, and arbitrators on subjects including contingent business interruption coverage, general liability, Directors and Officers liability, indemnity cost recovery, and extracontractual litigation. We’ve sought coverage determinations under the National Flood Insurance Program and handled catastrophic loss claims resulting from natural disasters. We proudly and regularly represent syndicates and insurers in the London market, as well as other European insurers.

Our lawyers regularly provide coverage advice and prosecute and defend coverage litigation involving numerous types of insurance products, including Commercial General Liability, Commercial Property, Professional Liability, Directors & Officers Liability, Errors and Omissions, Employers Practices Liability, Pollution Legal Liability, and fidelity bonds, to name a few.

We are called on to represent clients from the start of a claim to its conclusion, advising as to insurance practices, coverage rights and obligations, and risk allocation. We are experienced in preparing coverage opinions, reservation of rights correspondence, and claims submissions. Several of our attorneys serve on insurance company panels of coverage lawyers. We are recognized in The Best Lawyers in America in the field of Insurance and are one of only two Alabama firms with an attorney selected as a Fellow in the American College of Coverage Counsel, the preeminent association of U.S. and Canadian lawyers who represent the interests of insurers and policyholders.

BTNL is proud to be the exclusive Alabama member of Insuralex, a global network of insurance, reinsurance, commercial & civil litigation law firms whose members are vetted and selected based on their expertise in these areas in the representation and counseling of insurance companies and large corporations. Insuralex member firms may be found throughout the U.S., Europe, Asia, Africa, and the Middle East. More information about Insuralex may be found here.

The following is a listing of representative matters handled by our attorneys and categorized by risk.

Commercial General Liability and Construction Defect

• Served as coverage counsel for an insurer, helping it settle a dangerous wrongful death case and seeking reimbursement of the settlement amount from a company that agreed to indemnify our client’s insured and that company’s insurer. Following aggressive discovery and briefing and argument of several dispositive motions, we settled the case and recovered nearly $1.6 million for our client.
• Defended general liability insurer and obtained summary judgment dismissing claims against it for breach of contract and bad faith following trial of underlying wrongful death lawsuit.
• Regularly represent insurers in analyzing coverage under primary, umbrella and excess policies for wrongful death and personal injury lawsuits and in filing and defending lawsuits seeking declaratory judgment as to the applicability of the relevant policies.
• Represented international valve and fittings supplier in securing insurance coverage for 2000+ asbestos claims, including “drop down” coverage under umbrella insurance policies and relief from state guaranty association for liabilities of insolvent insurer.
• Represented manufacturing facility in pursuing liability insurance coverage for long-tail environmental liabilities in toxic tort litigation filed by over 300 claimants after shutdown of plant.
• Represent insurers in settling claims and filing subsequent lawsuits seeking indemnity, reimbursement and/or contribution for settlement and defense costs.
• Represent liability insurance carrier in coverage analyses and litigation involving commercial liability insurance policies issued to contractors, including analyses and litigation involving the business risk exclusions, the contractual liability exclusion, and “occurrence” and additional insured/indemnity issues.
• Represented insurance carrier in indemnity action against contractor and other insurers to recover approximately $800,000 paid to settle a case brought by an injured worker. Following a bench trial, we recovered nearly $700,000 for our client.
• Represented general liability insurer in defense of coverage liability and bad faith litigation brought by engineer seeking coverage as indemnitee and additional insured under insured contractor’s liability policy.

Commercial Property

• Successfully represented client in trial of dependent time element claim under commercial property insurance policy resulting from property damage losses at indirect supplier’s facilities in waters outside of the United States.
• Represented manufacturing facility in securing recovery for catastrophic losses resulting from 2011 tornadoes, including coverage for real estate (increased cost of improvements), personal property, and business interruption losses.
• Represented client in pursuing coverage under installation/builder’s risk policy for damage to property during installation activities.
• Represented insurers in business insurance disputes over hurricane damage and recovery of remediation/clean-up costs.
• Represented Florida property owner in securing opinion that condominiums were covered under National Flood Insurance Program.

Claims Made - Directors & Officers, Errors & Omissions, and Professional Liability

• Represented insurer in defense of coverage and bad faith litigation arising from claims made under Employers Liability Policy during prior insurer’s policy filed after prior, surplus lines insurer became insolvent.
• Represented insured officer of Enron affiliate in insurance interpleader action involving Directors and Officers liability coverage.
• Represented client in arbitration seeking to recover attorney fees in responding to subpoena under D&O policy.
• Represented insurer in coverage analysis of fee dispute between attorneys under legal professional liability policy.
• Represented realtors in seeking coverage under E&O policies, including oral argument before the Eleventh Circuit Court of Appeals.

Environmental and Disaster Liabilities

• Successfully represented buyer of manufacturing facility in pursuing contractual indemnification for property contaminated with chlorinated solvents, resulting in sale-back of property to original seller.
• Represented manufacturer client in negotiations and agreement selling back liability insurance policies to insurer for substantial sum following claims alleging property damage from predecessor’s operations.
• Represented insurers in business insurance disputes over hurricane damage and recovery of remediation/clean-up costs.
• Represented insurer in negotiating with, and obtaining contribution towards settlement and defense costs from, other insurance carriers that also issued policies potentially applicable to an alleged toxic tort.
• Represented residential and commercial property insurer in its claims handling practices for property damage claims arising from Hurricanes Katrina and Rita.

Employer’s Liability and Worker’s Compensation

• Represent insurers in coverage analysis of worker's compensation and employer's liability policies.
• Represented insurer in Georgia wrongful death case filed directly against carrier.
• Represented insurer in coverage analysis and litigation arising from claims of employment discrimination and retaliation under EPL policy.
• Represent insurers in coverage analysis of co-employee personal injury claims.

Fidelity

• Represented bank in recovering $5.5 million under computer fraud clause of fidelity bond.
• Represented valve company in recovering close to $1 million in pension plan squandered by provider.
• Represented bank in obtaining insurance coverage under fidelity bond for losses resulting from employee and third-party dishonesty.
• Represented financial institution in obtaining insurance coverage under fidelity bond for forgery and alteration committed in connection with timber deeds securing loans.